The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 356
INTRODUCER: Commerce and Tourism Committee and Senator Avila
SUBJECT: Notaries Public
DATE: February 13, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. Wells Jerrett ATD Favorable
3. McMillan Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 356 makes the following changes with respect to notaries public:
 Requires notarial certificates to include the printed name of a person whose signature is being
notarized, and printed names of all signatories, including principals and witnesses.
 Prohibits a notary public from falsely notarizing a signature of a person who is not in the
presence of a notary public, either in person or online, at the time the signature is notarized.
 Creates criminal penalties for prohibited acts by notaries public, with enhanced penalties for
violations pertaining to real estate transactions.
The bill requires notaries public to keep tangible journals of all notarizations performed,
specifies duties related to maintaining such journals, and delineates circumstances in which other
parties may have access to entries in the journals.
The bill also modifies a provision relating to a recording notification service by clerks of circuit
courts, to provide that if a property appraiser receives notice from a property owner or clerk of
the circuit court and reasonably determines that a recorded deed is fraudulent, the property
appraiser may refuse to update the owner of record on the county’s tax rolls. However, the
property appraiser must make a notation in their records that a possible conveyance has been
recorded.
The bill takes effect July 1, 2024.
BILL: CS/SB 356 Page 2
II. Present Situation:
Notaries Public in Florida
A notary public is a public officer under the Florida Constitution,1 and “an impartial agent of the
state.” 2 As a public officer, notaries public are constitutionally required to give a bond (as
required by law) and swear or affirm to uphold the Constitutions of the United States and
Florida.3 Notaries public are appointed and commissioned by the Governor to four-year terms,4
and are authorized under Florida law to perform six basic duties:5
 Administer oaths or affirmations;6
 Take acknowledgments;7
 Solemnize marriages;8
 Attest to photocopies;9
 Verify vehicle identification numbers (VINs);10 and
 Certify the contents of a safe-deposit box.11
A notary public may only exercise the foregoing duties within the physical boundaries of the
State of Florida.12 Generally, a notary public may not charge more than $10 per notarial act and
may not charge a fee for notarizing a vote-by-mail ballot.13
A notary public may provide an electronic signature that is unique, verifiable, under the notary
public’s sole control, and attached to a document in a way revealing any subsequent alteration.14
When an electronic signature must be accompanied by a notary public seal, the requirement is
met when the notary public includes his or her full name as provided in the notary public’s
application for commission, the words “Notary Public State of Florida,” the expiration date of
the notary public’s commission, and the notary public’s commission number.15 The seal must
also be applied to all notarized paper documents using a rubber stamp containing the foregoing
information.16 The rubber stamp seal must be affixed to the notarized paper document in
1
Art. II, § 5(c), Fla. Const.
2
58 AM. JUR. 2D Notaries Public § 1.
3
See s. 117.01(3) & (7), F.S. ((3) requiring that, as part of oath, the applicant must swear he or she has read ch. 117, F.S., and
knows the duties, responsibilities, limitations, and powers of a notary; (7) requiring that notaries give a bond in the amount of
$7,500 in the event the notary breaches duties, of which is to be kept on file with the Department of State). Section 117.01(1),
F.S., requires a notary to be able to read, write, and understand the English language.
4
Section 117.01(1), F.S.
5
Executive Office of the Governor, State of Florida, Governor’s Reference Manual for Notaries Public, p. 13 (Dec. 13,
2016), available at https://www.flgov.com/wp-content/uploads/Notary_Reference_Manual_12.13.16.pdf (last visited Jan. 24,
2024).
6
Section 117.03, F.S.
7
Section 117.04, F.S.
8
Section 117.045, F.S.
9
Section 117.05(12)(a), F.S.
10
Section 319.23(3)(a)2., F.S.
11
Section 655.94(1), F.S.
12
Section 117.01(1), F.S.
13
Section 117.05(2), F.S.
14
Section 117.021(2), F.S.
15
Section 117.021(3), F.S.
16
Section 117.05(3), F.S.
BILL: CS/SB 356 Page 3
photographically reproducible black ink. Every notary public must print, type, or stamp below
his or her signature on a paper document his or her name exactly as commissioned.17
Additionally, as a public officer, a notary public is held to high standards and is subject to
discipline, including suspension by the Governor and removal by the Senate, for malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony.18 A notary public is also subject to criminal penalties for
certain unlawful uses of the notary public commission (such as notarizing his or her own
signature),19 and liable to pay fees for certain civil infractions (such as notarizing a document
when the signor is not in the notary public’s presence).20
Becoming a Notary Public in Florida
In order to be eligible to become a notary public in Florida, a person must:
 Be at least 18 years of age;
 Be a Florida resident or permanent resident alien with a recorded declaration of domicile;
 Maintain Florida residence throughout the appointment; and
 Be able to read, write, and understand the English language.21
To apply to be a notary public in Florida, the application form provided by the Department of
State must be completed, signed, sworn, and filed along with the appropriate applications fees.22
Because the bond must be attached, the bonding agency usually submits the application in both a
paper and electronic format.23 The oath of office and notary public bond must accompany the
notary public’s application when filed with the Department of State.24 Applicants must also
provide the following as part of the application:
 Personal identification information;
 Affidavit of good character from a reference who has known the applicant for at least one
year and is not a relative;
 Ten-year history of any licenses and discipline;
 Statement regarding whether the applicant has ever been convicted of a felony or had his or
her civil rights restored; and
 Any other information requested by the Governor’s office to confirm eligibility.25
Notary’s Duty to Confirm Identity
One of the notary public’s primary duties is to verify the identity of the person who is signing a
document. If the person is personally known to the notary public or provides “satisfactory
17
Id.
18
FLA. CONST., Art. IV, s. 7.
19
Section 117.05(1), F.S. (providing violation is a third degree felony). See also s. 117.05(3)(d), (7), and (8), F.S.;
s. 117.105, F.S.; s. 117.107(9), F.S.
20
Section 117.107(9), F.S. (providing violation is a civil infraction punishable by a fine of up to $5,000).
21
See supra note 5.
22
Section 117.01(2), F.S. (requiring $25 application fee, $10 commission fee, and $4 educational surcharge, except that the
commission fee is waived for veterans with a 50 percent disability).
23
See supra note 5 at p. 7.
24
Section 117.01(2), F.S.
25
Id.
BILL: CS/SB 356 Page 4
evidence” by producing valid identification or witnesses or both verifying that the person is who
he or she claims to be, the notary public may notarize the document.26
Prohibited Acts
Section 117.107, F.S., specifies prohibited acts by notaries. A notary public may not:
 Use a name or initial in signing certificates other than that by which the notary public is
commissioned.
 Sign notarial certificates using a facsimile signature stamp unless the notary public has a
physical disability that limits or prohibits his or her ability to make a written signature and
unless the notary public has first submitted written notice to the Department of State with an
exemplar of the facsimile signature stamp. This does not apply to or prohibit the use of an
electronic signature and seal by a notary public who is registered as an online notary public
to perform an electronic or online notarization in accordance with ch. 117, F.S.
 Affix his or her signature to a blank form of affidavit or certificate of acknowledgment and
deliver that form to another person with the intent that it be used as an affidavit or
acknowledgment.
 Take the acknowledgment of or administer an oath to a person whom the notary public
actually knows to have been adjudicated mentally incapacitated by a court of competent
jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has
been removed, and where the person has not been restored to capacity as a matter of record.
 Notarize a signature on a document if it appears that the person is mentally incapable of
understanding the nature and effect of the document at the time of notarization.
 Take the acknowledgment of a person who does not speak or understand the English
language, unless the nature and effect of the instrument to be notarized is translated into a
language which the person does understand.
 Change anything in a written instrument after it has been signed by anyone.
 Amend a notarial certificate after the notarization is complete.
 Notarize a signature on a document if the person whose signature is being notarized does not
appear before the notary public either by means of physical presence or by means of audio-
video communication technology as authorized under part II of ch. 117, F.S., at the time the
signature is notarized. Any notary public who violates this prohibition is guilty of a civil
infraction, punishable by penalty not exceeding $5,000, and such violation constitutes
malfeasance and misfeasance in the conduct of official duties.
 Notarize a signature on a document if the document is incomplete or blank. However, an
endorsement or assignment in blank of a negotiable or nonnegotiable note and the
assignment in blank of any instrument given as security for such note is not deemed
incomplete.
 Notarize a signature on a document if the person whose signature is to be notarized is the
spouse, son, daughter, mother, or father of the notary public.
 Notarize a signature on a document if the notary public has a financial interest in or is a party
to the underlying transaction; however, a notary public who is an employee may notarize a
signature for his or her employer, and this employment does not constitute a financial interest
in the transaction nor make the notary a party to the transaction as long as he or she does not
26
Section 117.05(5), F.S.
BILL: CS/SB 356 Page 5
receive a benefit other than his or her salary and the fee for services as a notary public
authorized by law.
Recording Notification Service
In 2023, in response to an increase in fraudulent real property attempted conveyances in which a
fraudster executes and records a deed purporting to convey title to or an interest in real property
to himself or herself or a third party without the property owner’s knowledge or consent, the
Legislature enacted legislation in an attempt to minimize the potential for fraudulent real
property deeds.27 Pursuant to s. 28.47, F.S., on or before July 1, 2024, each clerk of the circuit
court must create, maintain, and operate a free recording notification service which is open to all
persons wishing to register for the service. The clerk must ensure that registration for the
recording notification service is possible through an electronic registration portal. When a land
record is recorded for a monitored identity, a recording notification must be sent within 24 hours
after the recording to each registrant who is subscribed to receive recording notifications for that
monitored identity. The notification must contain:
 Information identifying the monitored identity for which the land record was filed;
 The land record’s recording date;
 The official record book and page number or instrument number assigned to the land record
by the clerk;
 Instructions for electronically searching for and viewing the land record using the assigned
official record book and page number or instrument number; and
 A phone number at which the clerk’s office may be contacted during normal business hours
with questions related to the recording notification.
There is no right or cause of action against, and no civil liability on the part of, the clerk with
respect to the creation, maintenance, or operation of the recording notification service, and
nothing in s. 28.47, F.S., may be construed to require the clerk to provide or allow access to a
record or information which is confidential and exempt from s. 119.07(1), F.S., and s. 24(a), Art.
I of the State Constitution or to otherwise violate the public records laws of Florida.
Section 28.47, F.S., also applies to county property appraisers who have adopted an electronic
land record notification service before July 1, 2023. The property appraiser may use a
verification process for persons wishing to register for the electronic land record notification
service to ensure the integrity of the process. For purposes of the property appraiser electronic
land notification service, “land record” means a deed or other document purporting to convey
real property. When a land record is recorded for a monitored identity, the property appraiser
must send a recording notification to each registrant who is subscribed to receive recording
notifications for that monitored identity within 24 hours after the instrument has been reflected
on the county tax roll.
27
Chapter 2023-238, Laws of Fla.
BILL: CS/SB 356 Page 6
III. Effect of Proposed Changes:
Public Notary Requirements
Section 1 amends s. 117.05, F.S., to require that when notarizing a signature, a notary public
must complete a jurat or notarial certificate that must contain, among other elements, the printed
name of the person whose signature is being notarized. The notarial certificate must also contain
the printed names of all signatories, including principals and witnesses.
Section 2 amends s. 117.105, F.S., to prohibit a notary public from:
 Falsely notarizing a signature on a written or electronic document of a person who is not in
the presence of the notary public, either in person or online, at the time the signature is
notarized;28 or,
 Falsely or fraudulently taking or receiving an acknowledgment of the signature on a written
or electronic document.
A notary public who violates the above provisions commits a felony of the third degree,
punishable as provided in s. 775.082, F.S., (sentencing), s. 775.083, F.S., (fines), or s. 775.084,
F.S., (habitual offenders).29 If the document notarized under these circumstances pertains to a
real estate transaction or any other transfer of real property, the notary public commits a felony
of the second degree.30
Section 3 amends s. 117.107, F.S., by deleting subsection (9), which provides that a notary
public may not notarize a signature on a document if the person whose signature is being